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Fillable Form Affidavit of Identity

Affidavit of Identity is a legal document used for verification purposes. It contains a sworn statement of an individual affirming personal and identifiable information such as legal name, date of birth and home address.

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What is an Affidavit of Identity?

An Affidavit of Identity is a type of affidavit used for the purpose of verifying a person’s identity through the provision of information such as their full legal name, date of birth, home address, social security number, and other relevant information.

Affidavits play an important role in several legal and financial proceedings, up to and including:

  • Divorce court
  • Property disagreements
  • Debt disputes
  • Confirmation that legal documents have been received
  • To report the loss of important legal documents that must be replaced
  • To notify a party of a proceeding of changes
  • Residency verification
  • Name change verification
  • To confirm the identity of a victim of identity theft

Depending on what the situation requires, each of these situations will often require either a general or a more specific type of affidavit in order to prevent misinformation, scams, and general fraud from sabotaging or otherwise interfering with the fair execution and discussion of a case or situation. The following situations often require affidavits of identity:

  • Opening a bank or brokerage account
  • Filing a legal complaint
  • Requesting the re-issuance of lost documents like driver’s licenses or national IDs
  • Providing proof that you are the guardian/parent of a child for whom you are signing an important legal document, or who you are representing in a legal matter

There are many other situations that may require a person to submit an affidavit of identity, but these are some of the more common examples.

Filing an affidavit legitimizes the claim made by the person filing it, meaning that they are not only fully aware of all information that has been written into the affidavit, but they are taking an oath that everything that has been stated is 100% true and honest. In the case of an Affidavit of Identity, the information being confirmed is the personal information of the person writing the affidavit (also called the affiant).

For example, if a person’s driver’s license is stolen, they must apply for a replacement with the Department of Motor Vehicles (DMV) to be able to continue driving. As part of the process of replacing their driver’s license, the DMV may ask that person to file an affidavit of identity, in order to ensure that the person asking for a replacement for their driver’s license is who they say they are.

As part of ensuring that an affidavit is valid as a truthful statement, affidavits must be notarized by a notary public. A notary public’s purpose is to ensure that all parties involved in the creation of the affidavit are aware of the information within and that the correct person or persons are providing their signatures on the document. A notary also witnesses the Affiant swearing that all statements and information within the document are true to the best of their knowledge.

Intentionally providing false information, or in other words lying, on an affidavit can have heavy legal consequences. As affidavits are statements that are made under an oath to be truthful, lying in one is considered an act of “perjury”. Perjury refers to the legal offense of intentionally lying after having taken an oath to say the truth.

An example of perjury, in this case, would be to use the earlier example of a lost driver’s license, if the Affiant claims to have lost their driver’s license but is proven to not be the person whose license was lost. Thus, not only would the Affiant face charges for identity theft, they would also be charged for perjuring themselves due to their intentionally providing false information on their affidavit of identity.

Legal consequences for perjury can vary in severity by state and depending on the will of the judge involved, but generally speaking a heavy fine and jail time for up to five years are common punishments for perjury. Some professions, especially those that value truthfulness like law, law enforcement, and some public service jobs and government positions, may even revoke a perjurer’s license to continue their practice, or leave them with a reputation that would make continuing to practice their work extremely difficult due to the stain on their professional and personal reputation. Lying about one’s identity also can have various, severe consequences in addition to the legal repercussions of perjury.

Perjury is a rare crime to be convicted of and is hard to prove. However, it exists as a deterrent for people providing false information on documents that have legal significance.

Who needs an Affidavit of Identity?

Affidavits of Identity may be requested from people for a variety of reasons, up to and including:

  • As part of the general proof of identity
  • Applying for a replacement of important documents that have been lost
  • Providing a witness statement for court

There are many other possible situations where an institution may ask for a person to provide an affidavit of identity.

How to fill out an Affidavit of Identity?

A New York General Affidavit is a very simple form to fill out. It is, however, highly important to remember that, in signing the affidavit and having it notarized, you claim that the information you include on the affidavit is true to the best of your knowledge.

Contact a Notary

Find and contact a Notary Public. As part of the requirements to enlist the services of a Notary, you must bring a valid ID and the affidavit of identity form to be filled out. You must bring the document itself as the Notary must witness you swearing on oath that the information you are putting on the affidavit is true and signing the document.

State

Enter the state that this affidavit was written, signed, and notarized.

County

Enter the county that this affidavit was written, signed, and notarized.

Personal Information

Date

Enter the date that the affidavit was filled out.

Line 1 - Name and Birth Date

Enter your full, legal name and birth date.

Line 2 - Social Security Number

Enter your social security number.

Line 3 - Current Home Address

Enter your current home address.

Line 4 - Telephone Number

Enter your landline or cellphone number.

Line 5 - I.D. Presented to Notary

Check the box that refers to the kind of ID you provided to the Notary to assure them of your identity. You may choose one or more of the following:

  • Government ID: Passport
  • State Issued ID: Driver’s License
  • Stated Issued ID: Identity Card
  • Other. Enter the type of ID in the space provided.

Line 6 - Purpose of Affidavit

Enter for what reason you are writing this affidavit.

Line 7 - Confirmation of Truth of Information

This line is simply a reminder that you will be legally responsible should any of the information on this affidavit be proven to be false.

Signature and Printed Name

Sign the affidavit in the space provided, and enter your full legal name in the space below.

Notary Acknowledgement

State

Enter the state that this affidavit was written, signed, and notarized.

County

Enter the county that this affidavit was written, signed, and notarized.

Seal

The Notary should put their stamp here.

Date of Signing

Enter the day and date that the document was signed.

Name of the Notary

Enter the name of the Notary

Notary’s Signature and Seal

Have the Notary enter their signature and full name in the space provided.

Notary Commission

Enter the date that the Notary’s commission expires.

Make sure to pay any fees associated with enlisting the services of the Notary.

Tips when filling out an Affidavit of Identity

Affidavits are very important documents that require the signature of both a Notary and the Affiant. Make sure that all information you enter on the affidavit is true to avoid any legal consequences.

Ensure that you keep the form safe. Make sure that you do not leave the affidavit anywhere, and that you deliver it to the necessary places through secure and trustworthy means. This is important to avoid identity theft, as the affidavit asks for important and sensitive information such as your social security number.

Practice good contract management. Keep an extra copy or two of the accomplished affidavit in a safe and organized area for future legal purposes, or as a backup in the event that something happens to the original.

Legal counsel may be beneficial for you depending on what you need to file the affidavit for. While notaries may be legal professionals themselves, their purpose is to prevent fraud and confirm that you are aware of the information you have entered in the affidavit. If you require legal advice, consult a lawyer or other legal professional.

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